HB 4051

1
A bill to be entitled
2An act relating to the death penalty; amending s.
3775.082, F.S.; deleting provisions providing for the
4death penalty for capital felonies; deleting
5provisions relating to the effect of a declaration by
6a court of last resort that the death penalty in a
7capital felony is unconstitutional; amending ss. 27.51
8and 27.511, F.S.; deleting provisions relating to
9representation in death penalty cases; repealing ss.
1027.7001, 27.7002, 27.701, 27.702, 27.703, 27.704,
1127.705, 27.706, 27.707, 27.708, 27.7081, 27.7091,
1227.710, 27.711, and 27.715, F.S., relating to capital
13collateral representation; amending s. 119.071, F.S.;
14deleting a public records exemption relating to
15capital collateral proceedings; amending ss. 775.15
16and 790.161, F.S.; deleting provisions relating to the
17effect of a declaration by a court of last resort
18declaring that the death penalty in a capital felony
19is unconstitutional; repealing s. 913.13, F.S.,
20relating to jurors in capital cases; repealing s.
21921.137, F.S., relating to prohibiting the imposition
22of the death sentence upon a defendant with mental
23retardation; repealing s. 921.141, F.S., relating to
24determination of whether to impose a sentence of death
25or life imprisonment for a capital felony; repealing
26s. 921.142, F.S., relating to determination of whether
27to impose a sentence of death or life imprisonment for
28a capital drug trafficking felony; amending ss.
29782.04, 394.912 782.065, 794.011, and 893.135, F.S.;
30conforming provisions to changes made by the act;
31repealing ss. 922.052, 922.06, 922.07, 922.08,
32922.095, 922.10, 922.105, 922.108, 922.11, 922.111,
33922.12, 922.14, and 922.15, F.S., relating to issuance
34of warrant of execution, stay of execution of death
35sentence, proceedings when person under sentence of
36death appears to be insane, proceedings when person
37under sentence of death appears to be pregnant,
38grounds for death warrant, execution of death
39sentence, prohibition against reduction of death
40sentence as a result of determination that a method of
41execution is unconstitutional, sentencing orders in
42capital cases, regulation of execution, transfer to
43state prison for safekeeping before death warrant
44issued, return of warrant of execution issued by
45Governor, sentence of death unexecuted for
46unjustifiable reasons, and return of warrant of
47execution issued by Supreme Court, respectively;
48amending s. 924.055, F.S.; deleting provisions
49relating to legislative intent concerning appeals and
50postconviction proceedings in death penalty cases;
51repealing ss. 924.056 and 924.057, F.S., relating to
52commencement of capital postconviction actions for
53which sentence of death is imposed on or after January
5414, 2000, and limitation on postconviction cases in
55which the death sentence was imposed before January
5614, 2000, respectively; amending ss. 924.058 and
57924.059, F.S.; conforming provisions to changes made
58by the act; amending s. 925.11, F.S.; deleting
59provisions relating to preservation of DNA evidence in
60death penalty cases; amending s. 945.10, F.S.;
61deleting a public records exemption for the identity
62of executioners; providing an effective date.
63
64Be It Enacted by the Legislature of the State of Florida:
65
66     Section 1.  Subsections (1) and (2) of section 775.082,
67Florida Statutes, are amended to read:
68     775.082  Penalties; applicability of sentencing structures;
69mandatory minimum sentences for certain reoffenders previously
70released from prison.-
71     (1)  A person who has been convicted of a capital felony
72shall be punished by death if the proceeding held to determine
73sentence according to the procedure set forth in s. 921.141
74results in findings by the court that such person shall be
75punished by death, otherwise such person shall be punished by
76life imprisonment and shall be ineligible for parole.
77     (2)  In the event the death penalty in a capital felony is
78held to be unconstitutional by the Florida Supreme Court or the
79United States Supreme Court, the court having jurisdiction over
80a person previously sentenced to death for a capital felony
81shall cause such person to be brought before the court, and the
82court shall sentence such person to life imprisonment as
83provided in subsection (1). No sentence of death shall be
84reduced as a result of a determination that a method of
85execution is held to be unconstitutional under the State
86Constitution or the Constitution of the United States.
87     Section 2.  Paragraphs (d), (e), and (f) of subsection (1)
88of section 27.51, Florida Statutes, are amended to read:
89     27.51  Duties of public defender.-
90     (1)  The public defender shall represent, without
91additional compensation, any person determined to be indigent
92under s. 27.52 and:
93     (d)  Sought by petition filed in such court to be
94involuntarily placed as a mentally ill person under part I of
95chapter 394, involuntarily committed as a sexually violent
96predator under part V of chapter 394, or involuntarily admitted
97to residential services as a person with developmental
98disabilities under chapter 393. A public defender shall not
99represent any plaintiff in a civil action brought under the
100Florida Rules of Civil Procedure, the Federal Rules of Civil
101Procedure, or the federal statutes, or represent a petitioner in
102a rule challenge under chapter 120, unless specifically
103authorized by statute; or
104     (e)  Convicted and sentenced to death, for purposes of
105handling an appeal to the Supreme Court; or
106     (e)(f)  Is appealing a matter in a case arising under
107paragraphs (a)-(d).
108     Section 3.  Paragraphs (e), (f), and (g) of subsection (5)
109and subsection (8) of section 27.511, Florida Statutes, are
110amended to read:
111     27.511  Offices of criminal conflict and civil regional
112counsel; legislative intent; qualifications; appointment;
113duties.-
114     (5)   When the Office of the Public Defender, at any time
115during the representation of two or more defendants, determines
116that the interests of those accused are so adverse or hostile
117that they cannot all be counseled by the public defender or his
118or her staff without a conflict of interest, or that none can be
119counseled by the public defender or his or her staff because of
120a conflict of interest, and the court grants the public
121defender's motion to withdraw, the office of criminal conflict
122and civil regional counsel shall be appointed and shall provide
123legal services, without additional compensation, to any person
124determined to be indigent under s. 27.52, who is:
125     (e)  Convicted and sentenced to death, for purposes of
126handling an appeal to the Supreme Court;
127     (e)(f)  Appealing a matter in a case arising under
128paragraphs (a)-(d); or
129     (f)(g)  Seeking correction, reduction, or modification of a
130sentence under Rule 3.800, Florida Rules of Criminal Procedure,
131or seeking postconviction relief under Rule 3.850, Florida Rules
132of Criminal Procedure, if, in either case, the court determines
133that appointment of counsel is necessary to protect a person's
134due process rights.
135     (8)  The public defender for the judicial circuit specified
136in s. 27.51(4) shall, after the record on appeal is transmitted
137to the appellate court by the office of criminal conflict and
138civil regional counsel which handled the trial and if requested
139by the regional counsel for the indicated appellate district,
140handle all circuit court appeals authorized pursuant to
141paragraph (5)(e)(f) within the state courts system and any
142authorized appeals to the federal courts required of the
143official making the request. If the public defender certifies to
144the court that the public defender has a conflict consistent
145with the criteria prescribed in s. 27.5303 and moves to
146withdraw, the regional counsel shall handle the appeal, unless
147the regional counsel has a conflict, in which case the court
148shall appoint private counsel pursuant to s. 27.40.
149     Section 4.  Sections 27.7001, 27.7002, 27.701, 27.702,
15027.703, 27.704, 27.705, 27.706, 27.707, 27.708, 27.7081,
15127.7091, 27.710, 27.711, and 27.715, Florida Statutes, are
152repealed.
153     Section 5.  Paragraph (d) of subsection (1) of section
154119.071, Florida Statutes, is amended to read:
155     119.071  General exemptions from inspection or copying of
156public records.-
157     (1)  AGENCY ADMINISTRATION.-
158     (d)1.  A public record that was prepared by an agency
159attorney (including an attorney employed or retained by the
160agency or employed or retained by another public officer or
161agency to protect or represent the interests of the agency
162having custody of the record) or prepared at the attorney's
163express direction, that reflects a mental impression,
164conclusion, litigation strategy, or legal theory of the attorney
165or the agency, and that was prepared exclusively for civil or
166criminal litigation or for adversarial administrative
167proceedings, or that was prepared in anticipation of imminent
168civil or criminal litigation or imminent adversarial
169administrative proceedings, is exempt from s. 119.07(1) and s.
17024(a), Art. I of the State Constitution until the conclusion of
171the litigation or adversarial administrative proceedings. For
172purposes of capital collateral litigation as set forth in s.
17327.7001, the Attorney General's office is entitled to claim this
174exemption for those public records prepared for direct appeal as
175well as for all capital collateral litigation after direct
176appeal until execution of sentence or imposition of a life
177sentence.
178     2.  This exemption is not waived by the release of such
179public record to another public employee or officer of the same
180agency or any person consulted by the agency attorney. When
181asserting the right to withhold a public record pursuant to this
182paragraph, the agency shall identify the potential parties to
183any such criminal or civil litigation or adversarial
184administrative proceedings. If a court finds that the document
185or other record has been improperly withheld under this
186paragraph, the party seeking access to such document or record
187shall be awarded reasonable attorney's fees and costs in
188addition to any other remedy ordered by the court.
189     Section 6.  Subsection (1) of section 775.15, Florida
190Statutes, is amended to read:
191     775.15  Time limitations; general time limitations;
192exceptions.-
193     (1)  A prosecution for a capital felony, a life felony, or
194a felony that resulted in a death may be commenced at any time.
195If the death penalty is held to be unconstitutional by the
196Florida Supreme Court or the United States Supreme Court, all
197crimes designated as capital felonies shall be considered life
198felonies for the purposes of this section, and prosecution for
199such crimes may be commenced at any time.
200     Section 7.  Subsection (4) of section 790.161, Florida
201Statutes, is amended to read:
202     790.161  Making, possessing, throwing, projecting, placing,
203or discharging any destructive device or attempt so to do,
204felony; penalties.-A person who willfully and unlawfully makes,
205possesses, throws, projects, places, discharges, or attempts to
206make, possess, throw, project, place, or discharge any
207destructive device:
208     (4)  If the act results in the death of another person,
209commits a capital felony, punishable as provided in s. 775.082.
210In the event the death penalty in a capital felony is held to be
211unconstitutional by the Florida Supreme Court or the United
212States Supreme Court, the court having jurisdiction over a
213person previously sentenced to death for a capital felony shall
214cause such person to be brought before the court, and the court
215shall sentence such person to life imprisonment if convicted of
216murder in the first degree or of a capital felony under this
217subsection, and such person shall be ineligible for parole. No
218sentence of death shall be reduced as a result of a
219determination that a method of execution is held to be
220unconstitutional under the State Constitution or the
221Constitution of the United States.
222     Section 8.  Section 913.13, Florida Statutes, is repealed.
223     Section 9.  Section 921.137, Florida Statutes, is repealed.
224     Section 10.  Sections 921.141 and 921.142, Florida
225Statutes, are repealed.
226     Section 11.  Subsection (1) of section 782.04, Florida
227Statutes, is amended to read:
228     782.04  Murder.-
229     (1)(a)  The unlawful killing of a human being:
230     (a)1.  When perpetrated from a premeditated design to
231effect the death of the person killed or any human being;
232     (b)2.  When committed by a person engaged in the
233perpetration of, or in the attempt to perpetrate, any:
234     1.a.  Trafficking offense prohibited by s. 893.135(1),
235     2.b.  Arson,
236     3.c.  Sexual battery,
237     4.d.  Robbery,
238     5.e.  Burglary,
239     6.f.  Kidnapping,
240     7.g.  Escape,
241     8.h.  Aggravated child abuse,
242     9.i.  Aggravated abuse of an elderly person or disabled
243adult,
244     10.j.  Aircraft piracy,
245     11.k.  Unlawful throwing, placing, or discharging of a
246destructive device or bomb,
247     12.l.  Carjacking,
248     13.m.  Home-invasion robbery,
249     14.n.  Aggravated stalking,
250     15.o.  Murder of another human being,
251     16.p.  Resisting an officer with violence to his or her
252person, or
253     17.q.  Felony that is an act of terrorism or is in
254furtherance of an act of terrorism; or
255     (c)3.  Which resulted from the unlawful distribution of any
256substance controlled under s. 893.03(1), cocaine as described in
257s. 893.03(2)(a)4., opium or any synthetic or natural salt,
258compound, derivative, or preparation of opium, or methadone by a
259person 18 years of age or older, when such drug is proven to be
260the proximate cause of the death of the user,
261
262is murder in the first degree and constitutes a capital felony,
263punishable as provided in s. 775.082.
264     (b)  In all cases under this section, the procedure set
265forth in s. 921.141 shall be followed in order to determine
266sentence of death or life imprisonment.
267     Section 12.  Paragraph (a) of subsection (9) of section
268394.912, Florida Statutes, is amended to read:
269     394.912  Definitions.-As used in this part, the term:
270     (9)  "Sexually violent offense" means:
271     (a)  Murder of a human being while engaged in sexual
272battery in violation of s. 782.04(1)(b) 782.04(1)(a)2.;
273     Section 13.  Subsection (1) of section 782.065, Florida
274Statutes, is amended to read:
275     782.065  Murder; law enforcement officer.-Notwithstanding
276ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
277defendant shall be sentenced to life imprisonment without
278eligibility for release upon findings by the trier of fact that,
279beyond a reasonable doubt:
280     (1)  The defendant committed murder in the first degree in
281violation of s. 782.04(1) and a death sentence was not imposed;
282murder in the second or third degree in violation of s.
283782.04(2), (3), or (4); attempted murder in the first or second
284degree in violation of s. 782.04(1)(a) 782.04(1)(a)1. or (2); or
285attempted felony murder in violation of s. 782.051; and
286     Section 14.  Paragraph (a) of subsection (2) of section
287794.011, Florida Statutes, is amended to read:
288     794.011  Sexual battery.-
289     (2)(a)  A person 18 years of age or older who commits
290sexual battery upon, or in an attempt to commit sexual battery
291injures the sexual organs of, a person less than 12 years of age
292commits a capital felony, punishable as provided in s. ss.
293775.082 and 921.141.
294     Section 15.  Paragraphs (b) through (l) of subsection (1)
295of section 893.135, Florida Statutes, are amended to read:
296     893.135  Trafficking; mandatory sentences; suspension or
297reduction of sentences; conspiracy to engage in trafficking.-
298     (1)  Except as authorized in this chapter or in chapter 499
299and notwithstanding the provisions of s. 893.13:
300     (b)1.  Any person who knowingly sells, purchases,
301manufactures, delivers, or brings into this state, or who is
302knowingly in actual or constructive possession of, 28 grams or
303more of cocaine, as described in s. 893.03(2)(a)4., or of any
304mixture containing cocaine, but less than 150 kilograms of
305cocaine or any such mixture, commits a felony of the first
306degree, which felony shall be known as "trafficking in cocaine,"
307punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
308If the quantity involved:
309     a.  Is 28 grams or more, but less than 200 grams, such
310person shall be sentenced to a mandatory minimum term of
311imprisonment of 3 years, and the defendant shall be ordered to
312pay a fine of $50,000.
313     b.  Is 200 grams or more, but less than 400 grams, such
314person shall be sentenced to a mandatory minimum term of
315imprisonment of 7 years, and the defendant shall be ordered to
316pay a fine of $100,000.
317     c.  Is 400 grams or more, but less than 150 kilograms, such
318person shall be sentenced to a mandatory minimum term of
319imprisonment of 15 calendar years and pay a fine of $250,000.
320     2.  Any person who knowingly sells, purchases,
321manufactures, delivers, or brings into this state, or who is
322knowingly in actual or constructive possession of, 150 kilograms
323or more of cocaine, as described in s. 893.03(2)(a)4., commits
324the first degree felony of trafficking in cocaine. A person who
325has been convicted of the first degree felony of trafficking in
326cocaine under this subparagraph shall be punished by life
327imprisonment and is ineligible for any form of discretionary
328early release except pardon or executive clemency or conditional
329medical release under s. 947.149. However, if the court
330determines that, in addition to committing any act specified in
331this paragraph:
332     a.  The person intentionally killed an individual or
333counseled, commanded, induced, procured, or caused the
334intentional killing of an individual and such killing was the
335result; or
336     b.  The person's conduct in committing that act led to a
337natural, though not inevitable, lethal result,
338
339such person commits the capital felony of trafficking in
340cocaine, punishable as provided in s. ss. 775.082 and 921.142.
341Any person sentenced for a capital felony under this paragraph
342shall also be sentenced to pay the maximum fine provided under
343subparagraph 1.
344     3.  Any person who knowingly brings into this state 300
345kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
346and who knows that the probable result of such importation would
347be the death of any person, commits capital importation of
348cocaine, a capital felony punishable as provided in s. ss.
349775.082 and 921.142. Any person sentenced for a capital felony
350under this paragraph shall also be sentenced to pay the maximum
351fine provided under subparagraph 1.
352     (c)1.  Any person who knowingly sells, purchases,
353manufactures, delivers, or brings into this state, or who is
354knowingly in actual or constructive possession of, 4 grams or
355more of any morphine, opium, oxycodone, hydrocodone,
356hydromorphone, or any salt, derivative, isomer, or salt of an
357isomer thereof, including heroin, as described in s.
358893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
359of any mixture containing any such substance, but less than 30
360kilograms of such substance or mixture, commits a felony of the
361first degree, which felony shall be known as "trafficking in
362illegal drugs," punishable as provided in s. 775.082, s.
363775.083, or s. 775.084. If the quantity involved:
364     a.  Is 4 grams or more, but less than 14 grams, such person
365shall be sentenced to a mandatory minimum term of imprisonment
366of 3 years, and the defendant shall be ordered to pay a fine of
367$50,000.
368     b.  Is 14 grams or more, but less than 28 grams, such
369person shall be sentenced to a mandatory minimum term of
370imprisonment of 15 years, and the defendant shall be ordered to
371pay a fine of $100,000.
372     c.  Is 28 grams or more, but less than 30 kilograms, such
373person shall be sentenced to a mandatory minimum term of
374imprisonment of 25 calendar years and pay a fine of $500,000.
375     2.  Any person who knowingly sells, purchases,
376manufactures, delivers, or brings into this state, or who is
377knowingly in actual or constructive possession of, 30 kilograms
378or more of any morphine, opium, oxycodone, hydrocodone,
379hydromorphone, or any salt, derivative, isomer, or salt of an
380isomer thereof, including heroin, as described in s.
381893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
382more of any mixture containing any such substance, commits the
383first degree felony of trafficking in illegal drugs. A person
384who has been convicted of the first degree felony of trafficking
385in illegal drugs under this subparagraph shall be punished by
386life imprisonment and is ineligible for any form of
387discretionary early release except pardon or executive clemency
388or conditional medical release under s. 947.149. However, if the
389court determines that, in addition to committing any act
390specified in this paragraph:
391     a.  The person intentionally killed an individual or
392counseled, commanded, induced, procured, or caused the
393intentional killing of an individual and such killing was the
394result; or
395     b.  The person's conduct in committing that act led to a
396natural, though not inevitable, lethal result,
397
398such person commits the capital felony of trafficking in illegal
399drugs, punishable as provided in s. ss. 775.082 and 921.142. Any
400person sentenced for a capital felony under this paragraph shall
401also be sentenced to pay the maximum fine provided under
402subparagraph 1.
403     3.  Any person who knowingly brings into this state 60
404kilograms or more of any morphine, opium, oxycodone,
405hydrocodone, hydromorphone, or any salt, derivative, isomer, or
406salt of an isomer thereof, including heroin, as described in s.
407893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
408more of any mixture containing any such substance, and who knows
409that the probable result of such importation would be the death
410of any person, commits capital importation of illegal drugs, a
411capital felony punishable as provided in s. ss. 775.082 and
412921.142. Any person sentenced for a capital felony under this
413paragraph shall also be sentenced to pay the maximum fine
414provided under subparagraph 1.
415     (d)1.  Any person who knowingly sells, purchases,
416manufactures, delivers, or brings into this state, or who is
417knowingly in actual or constructive possession of, 28 grams or
418more of phencyclidine or of any mixture containing
419phencyclidine, as described in s. 893.03(2)(b), commits a felony
420of the first degree, which felony shall be known as "trafficking
421in phencyclidine," punishable as provided in s. 775.082, s.
422775.083, or s. 775.084. If the quantity involved:
423     a.  Is 28 grams or more, but less than 200 grams, such
424person shall be sentenced to a mandatory minimum term of
425imprisonment of 3 years, and the defendant shall be ordered to
426pay a fine of $50,000.
427     b.  Is 200 grams or more, but less than 400 grams, such
428person shall be sentenced to a mandatory minimum term of
429imprisonment of 7 years, and the defendant shall be ordered to
430pay a fine of $100,000.
431     c.  Is 400 grams or more, such person shall be sentenced to
432a mandatory minimum term of imprisonment of 15 calendar years
433and pay a fine of $250,000.
434     2.  Any person who knowingly brings into this state 800
435grams or more of phencyclidine or of any mixture containing
436phencyclidine, as described in s. 893.03(2)(b), and who knows
437that the probable result of such importation would be the death
438of any person commits capital importation of phencyclidine, a
439capital felony punishable as provided in s. ss. 775.082 and
440921.142. Any person sentenced for a capital felony under this
441paragraph shall also be sentenced to pay the maximum fine
442provided under subparagraph 1.
443     (e)1.  Any person who knowingly sells, purchases,
444manufactures, delivers, or brings into this state, or who is
445knowingly in actual or constructive possession of, 200 grams or
446more of methaqualone or of any mixture containing methaqualone,
447as described in s. 893.03(1)(d), commits a felony of the first
448degree, which felony shall be known as "trafficking in
449methaqualone," punishable as provided in s. 775.082, s. 775.083,
450or s. 775.084. If the quantity involved:
451     a.  Is 200 grams or more, but less than 5 kilograms, such
452person shall be sentenced to a mandatory minimum term of
453imprisonment of 3 years, and the defendant shall be ordered to
454pay a fine of $50,000.
455     b.  Is 5 kilograms or more, but less than 25 kilograms,
456such person shall be sentenced to a mandatory minimum term of
457imprisonment of 7 years, and the defendant shall be ordered to
458pay a fine of $100,000.
459     c.  Is 25 kilograms or more, such person shall be sentenced
460to a mandatory minimum term of imprisonment of 15 calendar years
461and pay a fine of $250,000.
462     2.  Any person who knowingly brings into this state 50
463kilograms or more of methaqualone or of any mixture containing
464methaqualone, as described in s. 893.03(1)(d), and who knows
465that the probable result of such importation would be the death
466of any person commits capital importation of methaqualone, a
467capital felony punishable as provided in s. ss. 775.082 and
468921.142. Any person sentenced for a capital felony under this
469paragraph shall also be sentenced to pay the maximum fine
470provided under subparagraph 1.
471     (f)1.  Any person who knowingly sells, purchases,
472manufactures, delivers, or brings into this state, or who is
473knowingly in actual or constructive possession of, 14 grams or
474more of amphetamine, as described in s. 893.03(2)(c)2., or
475methamphetamine, as described in s. 893.03(2)(c)4., or of any
476mixture containing amphetamine or methamphetamine, or
477phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
478in conjunction with other chemicals and equipment utilized in
479the manufacture of amphetamine or methamphetamine, commits a
480felony of the first degree, which felony shall be known as
481"trafficking in amphetamine," punishable as provided in s.
482775.082, s. 775.083, or s. 775.084. If the quantity involved:
483     a.  Is 14 grams or more, but less than 28 grams, such
484person shall be sentenced to a mandatory minimum term of
485imprisonment of 3 years, and the defendant shall be ordered to
486pay a fine of $50,000.
487     b.  Is 28 grams or more, but less than 200 grams, such
488person shall be sentenced to a mandatory minimum term of
489imprisonment of 7 years, and the defendant shall be ordered to
490pay a fine of $100,000.
491     c.  Is 200 grams or more, such person shall be sentenced to
492a mandatory minimum term of imprisonment of 15 calendar years
493and pay a fine of $250,000.
494     2.  Any person who knowingly manufactures or brings into
495this state 400 grams or more of amphetamine, as described in s.
496893.03(2)(c)2., or methamphetamine, as described in s.
497893.03(2)(c)4., or of any mixture containing amphetamine or
498methamphetamine, or phenylacetone, phenylacetic acid,
499pseudoephedrine, or ephedrine in conjunction with other
500chemicals and equipment used in the manufacture of amphetamine
501or methamphetamine, and who knows that the probable result of
502such manufacture or importation would be the death of any person
503commits capital manufacture or importation of amphetamine, a
504capital felony punishable as provided in s. ss. 775.082 and
505921.142. Any person sentenced for a capital felony under this
506paragraph shall also be sentenced to pay the maximum fine
507provided under subparagraph 1.
508     (g)1.  Any person who knowingly sells, purchases,
509manufactures, delivers, or brings into this state, or who is
510knowingly in actual or constructive possession of, 4 grams or
511more of flunitrazepam or any mixture containing flunitrazepam as
512described in s. 893.03(1)(a) commits a felony of the first
513degree, which felony shall be known as "trafficking in
514flunitrazepam," punishable as provided in s. 775.082, s.
515775.083, or s. 775.084. If the quantity involved:
516     a.  Is 4 grams or more but less than 14 grams, such person
517shall be sentenced to a mandatory minimum term of imprisonment
518of 3 years, and the defendant shall be ordered to pay a fine of
519$50,000.
520     b.  Is 14 grams or more but less than 28 grams, such person
521shall be sentenced to a mandatory minimum term of imprisonment
522of 7 years, and the defendant shall be ordered to pay a fine of
523$100,000.
524     c.  Is 28 grams or more but less than 30 kilograms, such
525person shall be sentenced to a mandatory minimum term of
526imprisonment of 25 calendar years and pay a fine of $500,000.
527     2.  Any person who knowingly sells, purchases,
528manufactures, delivers, or brings into this state or who is
529knowingly in actual or constructive possession of 30 kilograms
530or more of flunitrazepam or any mixture containing flunitrazepam
531as described in s. 893.03(1)(a) commits the first degree felony
532of trafficking in flunitrazepam. A person who has been convicted
533of the first degree felony of trafficking in flunitrazepam under
534this subparagraph shall be punished by life imprisonment and is
535ineligible for any form of discretionary early release except
536pardon or executive clemency or conditional medical release
537under s. 947.149. However, if the court determines that, in
538addition to committing any act specified in this paragraph:
539     a.  The person intentionally killed an individual or
540counseled, commanded, induced, procured, or caused the
541intentional killing of an individual and such killing was the
542result; or
543     b.  The person's conduct in committing that act led to a
544natural, though not inevitable, lethal result,
545
546such person commits the capital felony of trafficking in
547flunitrazepam, punishable as provided in s. ss. 775.082 and
548921.142. Any person sentenced for a capital felony under this
549paragraph shall also be sentenced to pay the maximum fine
550provided under subparagraph 1.
551     (h)1.  Any person who knowingly sells, purchases,
552manufactures, delivers, or brings into this state, or who is
553knowingly in actual or constructive possession of, 1 kilogram or
554more of gamma-hydroxybutyric acid (GHB), as described in s.
555893.03(1)(d), or any mixture containing gamma-hydroxybutyric
556acid (GHB), commits a felony of the first degree, which felony
557shall be known as "trafficking in gamma-hydroxybutyric acid
558(GHB)," punishable as provided in s. 775.082, s. 775.083, or s.
559775.084. If the quantity involved:
560     a.  Is 1 kilogram or more but less than 5 kilograms, such
561person shall be sentenced to a mandatory minimum term of
562imprisonment of 3 years, and the defendant shall be ordered to
563pay a fine of $50,000.
564     b.  Is 5 kilograms or more but less than 10 kilograms, such
565person shall be sentenced to a mandatory minimum term of
566imprisonment of 7 years, and the defendant shall be ordered to
567pay a fine of $100,000.
568     c.  Is 10 kilograms or more, such person shall be sentenced
569to a mandatory minimum term of imprisonment of 15 calendar years
570and pay a fine of $250,000.
571     2.  Any person who knowingly manufactures or brings into
572this state 150 kilograms or more of gamma-hydroxybutyric acid
573(GHB), as described in s. 893.03(1)(d), or any mixture
574containing gamma-hydroxybutyric acid (GHB), and who knows that
575the probable result of such manufacture or importation would be
576the death of any person commits capital manufacture or
577importation of gamma-hydroxybutyric acid (GHB), a capital felony
578punishable as provided in s. ss. 775.082 and 921.142. Any person
579sentenced for a capital felony under this paragraph shall also
580be sentenced to pay the maximum fine provided under subparagraph
5811.
582     (i)1.  Any person who knowingly sells, purchases,
583manufactures, delivers, or brings into this state, or who is
584knowingly in actual or constructive possession of, 1 kilogram or
585more of gamma-butyrolactone (GBL), as described in s.
586893.03(1)(d), or any mixture containing gamma-butyrolactone
587(GBL), commits a felony of the first degree, which felony shall
588be known as "trafficking in gamma-butyrolactone (GBL),"
589punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
590If the quantity involved:
591     a.  Is 1 kilogram or more but less than 5 kilograms, such
592person shall be sentenced to a mandatory minimum term of
593imprisonment of 3 years, and the defendant shall be ordered to
594pay a fine of $50,000.
595     b.  Is 5 kilograms or more but less than 10 kilograms, such
596person shall be sentenced to a mandatory minimum term of
597imprisonment of 7 years, and the defendant shall be ordered to
598pay a fine of $100,000.
599     c.  Is 10 kilograms or more, such person shall be sentenced
600to a mandatory minimum term of imprisonment of 15 calendar years
601and pay a fine of $250,000.
602     2.  Any person who knowingly manufactures or brings into
603the state 150 kilograms or more of gamma-butyrolactone (GBL), as
604described in s. 893.03(1)(d), or any mixture containing gamma-
605butyrolactone (GBL), and who knows that the probable result of
606such manufacture or importation would be the death of any person
607commits capital manufacture or importation of gamma-
608butyrolactone (GBL), a capital felony punishable as provided in
609s. ss. 775.082 and 921.142. Any person sentenced for a capital
610felony under this paragraph shall also be sentenced to pay the
611maximum fine provided under subparagraph 1.
612     (j)1.  Any person who knowingly sells, purchases,
613manufactures, delivers, or brings into this state, or who is
614knowingly in actual or constructive possession of, 1 kilogram or
615more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
616any mixture containing 1,4-Butanediol, commits a felony of the
617first degree, which felony shall be known as "trafficking in
6181,4-Butanediol," punishable as provided in s. 775.082, s.
619775.083, or s. 775.084. If the quantity involved:
620     a.  Is 1 kilogram or more, but less than 5 kilograms, such
621person shall be sentenced to a mandatory minimum term of
622imprisonment of 3 years, and the defendant shall be ordered to
623pay a fine of $50,000.
624     b.  Is 5 kilograms or more, but less than 10 kilograms,
625such person shall be sentenced to a mandatory minimum term of
626imprisonment of 7 years, and the defendant shall be ordered to
627pay a fine of $100,000.
628     c.  Is 10 kilograms or more, such person shall be sentenced
629to a mandatory minimum term of imprisonment of 15 calendar years
630and pay a fine of $500,000.
631     2.  Any person who knowingly manufactures or brings into
632this state 150 kilograms or more of 1,4-Butanediol as described
633in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
634and who knows that the probable result of such manufacture or
635importation would be the death of any person commits capital
636manufacture or importation of 1,4-Butanediol, a capital felony
637punishable as provided in s. ss. 775.082 and 921.142. Any person
638sentenced for a capital felony under this paragraph shall also
639be sentenced to pay the maximum fine provided under subparagraph
6401.
641     (k)1.  Any person who knowingly sells, purchases,
642manufactures, delivers, or brings into this state, or who is
643knowingly in actual or constructive possession of, 10 grams or
644more of any of the following substances described in s.
645893.03(1)(a) or (c):
646     a.  3,4-Methylenedioxymethamphetamine (MDMA);
647     b.  4-Bromo-2,5-dimethoxyamphetamine;
648     c.  4-Bromo-2,5-dimethoxyphenethylamine;
649     d.  2,5-Dimethoxyamphetamine;
650     e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);
651     f.  N-ethylamphetamine;
652     g.  N-Hydroxy-3,4-methylenedioxyamphetamine;
653     h.  5-Methoxy-3,4-methylenedioxyamphetamine;
654     i.  4-methoxyamphetamine;
655     j.  4-methoxymethamphetamine;
656     k.  4-Methyl-2,5-dimethoxyamphetamine;
657     l.  3,4-Methylenedioxy-N-ethylamphetamine;
658     m.  3,4-Methylenedioxyamphetamine;
659     n.  N,N-dimethylamphetamine; or
660     o.  3,4,5-Trimethoxyamphetamine,
661
662individually or in any combination of or any mixture containing
663any substance listed in sub-subparagraphs a.-o., commits a
664felony of the first degree, which felony shall be known as
665"trafficking in Phenethylamines," punishable as provided in s.
666775.082, s. 775.083, or s. 775.084.
667     2.  If the quantity involved:
668     a.  Is 10 grams or more but less than 200 grams, such
669person shall be sentenced to a mandatory minimum term of
670imprisonment of 3 years, and the defendant shall be ordered to
671pay a fine of $50,000.
672     b.  Is 200 grams or more, but less than 400 grams, such
673person shall be sentenced to a mandatory minimum term of
674imprisonment of 7 years, and the defendant shall be ordered to
675pay a fine of $100,000.
676     c.  Is 400 grams or more, such person shall be sentenced to
677a mandatory minimum term of imprisonment of 15 calendar years
678and pay a fine of $250,000.
679     3.  Any person who knowingly manufactures or brings into
680this state 30 kilograms or more of any of the following
681substances described in s. 893.03(1)(a) or (c):
682     a.  3,4-Methylenedioxymethamphetamine (MDMA);
683     b.  4-Bromo-2,5-dimethoxyamphetamine;
684     c.  4-Bromo-2,5-dimethoxyphenethylamine;
685     d.  2,5-Dimethoxyamphetamine;
686     e.  2,5-Dimethoxy-4-ethylamphetamine (DOET);
687     f.  N-ethylamphetamine;
688     g.  N-Hydroxy-3,4-methylenedioxyamphetamine;
689     h.  5-Methoxy-3,4-methylenedioxyamphetamine;
690     i.  4-methoxyamphetamine;
691     j.  4-methoxymethamphetamine;
692     k.  4-Methyl-2,5-dimethoxyamphetamine;
693     l.  3,4-Methylenedioxy-N-ethylamphetamine;
694     m.  3,4-Methylenedioxyamphetamine;
695     n.  N,N-dimethylamphetamine; or
696     o.  3,4,5-Trimethoxyamphetamine,
697
698individually or in any combination of or any mixture containing
699any substance listed in sub-subparagraphs a.-o., and who knows
700that the probable result of such manufacture or importation
701would be the death of any person commits capital manufacture or
702importation of Phenethylamines, a capital felony punishable as
703provided in s. ss. 775.082 and 921.142. Any person sentenced for
704a capital felony under this paragraph shall also be sentenced to
705pay the maximum fine provided under subparagraph 1.
706     (l)1.  Any person who knowingly sells, purchases,
707manufactures, delivers, or brings into this state, or who is
708knowingly in actual or constructive possession of, 1 gram or
709more of lysergic acid diethylamide (LSD) as described in s.
710893.03(1)(c), or of any mixture containing lysergic acid
711diethylamide (LSD), commits a felony of the first degree, which
712felony shall be known as "trafficking in lysergic acid
713diethylamide (LSD)," punishable as provided in s. 775.082, s.
714775.083, or s. 775.084. If the quantity involved:
715     a.  Is 1 gram or more, but less than 5 grams, such person
716shall be sentenced to a mandatory minimum term of imprisonment
717of 3 years, and the defendant shall be ordered to pay a fine of
718$50,000.
719     b.  Is 5 grams or more, but less than 7 grams, such person
720shall be sentenced to a mandatory minimum term of imprisonment
721of 7 years, and the defendant shall be ordered to pay a fine of
722$100,000.
723     c.  Is 7 grams or more, such person shall be sentenced to a
724mandatory minimum term of imprisonment of 15 calendar years and
725pay a fine of $500,000.
726     2.  Any person who knowingly manufactures or brings into
727this state 7 grams or more of lysergic acid diethylamide (LSD)
728as described in s. 893.03(1)(c), or any mixture containing
729lysergic acid diethylamide (LSD), and who knows that the
730probable result of such manufacture or importation would be the
731death of any person commits capital manufacture or importation
732of lysergic acid diethylamide (LSD), a capital felony punishable
733as provided in s. ss. 775.082 and 921.142. Any person sentenced
734for a capital felony under this paragraph shall also be
735sentenced to pay the maximum fine provided under subparagraph 1.
736     Section 16.  Sections 922.052, 922.06, 922.07, 922.08,
737922.095, 922.10, 922.105, 922.108, 922.11, 922.111, 922.12,
738922.14, and 922.15, Florida Statutes, are repealed.
739     Section 17.  Section 924.055, Florida Statutes, is amended
740to read:
741     924.055  Postconviction review in capital cases;
742legislative findings and intent.-
743     (1)  It is the intent of the Legislature to reduce delays
744in capital cases and to ensure that all appeals and
745postconviction actions in capital cases are resolved within 5
746years after the date a sentence of death is imposed in the
747circuit court. All capital postconviction actions must be filed
748as early as possible after the imposition of a sentence of death
749which may be during a direct appeal of the conviction and
750sentence. A person sentenced to death or that person's capital
751postconviction counsel must file any postconviction legal action
752in compliance with the statutes of limitation established in s.
753924.056 and elsewhere in this chapter. Except as expressly
754allowed by s. 924.056(5), a person sentenced to death or that
755person's capital postconviction counsel may not file more than
756one postconviction action in a sentencing court and one appeal
757therefrom to the Florida Supreme Court, unless authorized by
758law.
759     (2)  It is the further intent of the Legislature that no
760state resources be expended in violation of this act. In the
761event that any state employee or party contracting with the
762state violates the provisions of this act, the Attorney General
763shall deliver to the Speaker of the House of Representatives and
764the President of the Senate a copy of any court pleading or
765order that describes or adjudicates a violation.
766     Section 18.  Sections 924.056 and 924.057, Florida
767Statutes, are repealed.
768     Section 19.  Subsection (1) of section 924.058, Florida
769Statutes, is amended to read:
770     924.058  Capital postconviction claims.-This section shall
771regulate the procedures in actions for capital postconviction
772relief commencing after the effective date of this act unless
773and until such procedures are revised by rule or rules adopted
774by the Florida Supreme Court which specifically reference this
775section.
776     (1)  The defendant or the defendant's capital
777postconviction counsel shall not file more than one capital
778postconviction action in the sentencing court, one appeal
779therefrom in the Florida Supreme Court, and one original capital
780postconviction action alleging the ineffectiveness of direct
781appeal counsel in the Florida Supreme Court, except as expressly
782allowed by s. 924.056(5).
783     Section 20.  Subsection (8) of section 924.059, Florida
784Statutes, is amended to read:
785     924.059  Time limitations and judicial review in capital
786postconviction actions.-This section shall regulate the
787procedures in actions for capital postconviction relief
788commencing after the effective date of this act unless and until
789such procedures are revised by rule or rules adopted by the
790Florida Supreme Court which specifically reference this section.
791     (8)  A capital postconviction action filed in violation of
792the time limitations provided by statute is barred, and all
793claims raised therein are waived. A state court shall not
794consider any capital postconviction action filed in violation of
795s. 924.056 or s. 924.057. The Attorney General shall deliver to
796the Governor, the President of the Senate, and the Speaker of
797the House of Representatives a copy of any pleading or order
798that alleges or adjudicates any violation of this provision.
799     Section 21.  Subsection (4) of section 925.11, Florida
800Statutes, is amended to read:
801     925.11  Postsentencing DNA testing.-
802     (4)  PRESERVATION OF EVIDENCE.-
803     (a)  Governmental entities that may be in possession of any
804physical evidence in the case, including, but not limited to,
805any investigating law enforcement agency, the clerk of the
806court, the prosecuting authority, or the Department of Law
807Enforcement shall maintain any physical evidence collected at
808the time of the crime for which a postsentencing testing of DNA
809may be requested.
810     (b)  In a case in which the death penalty is imposed, the
811evidence shall be maintained for 60 days after execution of the
812sentence. In all other cases, a governmental entity may dispose
813of the physical evidence if the term of the sentence imposed in
814the case has expired and no other provision of law or rule
815requires that the physical evidence be preserved or retained.
816     Section 22.  Paragraphs (g) and (h) of subsection (1) and
817subsection (2) of section 945.10, Florida Statutes, are amended
818to read:
819     945.10  Confidential information.-
820     (1)  Except as otherwise provided by law or in this
821section, the following records and information held by the
822Department of Corrections are confidential and exempt from the
823provisions of s. 119.07(1) and s. 24(a), Art. I of the State
824Constitution:
825     (g)  Information which identifies an executioner, or any
826person prescribing, preparing, compounding, dispensing, or
827administering a lethal injection.
828     (g)(h)  Records that are otherwise confidential or exempt
829from public disclosure by law.
830     (2)  The records and information specified in subsection
831paragraphs (1)(a)-(h) may be released as follows unless
832expressly prohibited by federal law:
833     (a)  Information specified in paragraphs (1)(b), (d), and
834(f) to the Office of the Governor, the Legislature, the Parole
835Commission, the Department of Children and Family Services, a
836private correctional facility or program that operates under a
837contract, the Department of Legal Affairs, a state attorney, the
838court, or a law enforcement agency. A request for records or
839information pursuant to this paragraph need not be in writing.
840     (b)  Information specified in paragraphs (1)(c), (e), and
841(g)(h) to the Office of the Governor, the Legislature, the
842Parole Commission, the Department of Children and Family
843Services, a private correctional facility or program that
844operates under contract, the Department of Legal Affairs, a
845state attorney, the court, or a law enforcement agency. A
846request for records or information pursuant to this paragraph
847must be in writing and a statement provided demonstrating a need
848for the records or information.
849     (c)  Information specified in paragraph (1)(b) to an
850attorney representing an inmate under sentence of death, except
851those portions of the records containing a victim's statement or
852address, or the statement or address of a relative of the
853victim. A request for records of information pursuant to this
854paragraph must be in writing and a statement provided
855demonstrating a need for the records or information.
856     (d)  Information specified in paragraph (1)(b) to a public
857defender representing a defendant, except those portions of the
858records containing a victim's statement or address, or the
859statement or address of a relative of the victim. A request for
860records or information pursuant to this paragraph need not be in
861writing.
862     (e)  Information specified in paragraph (1)(b) to state or
863local governmental agencies. A request for records or
864information pursuant to this paragraph must be in writing and a
865statement provided demonstrating a need for the records or
866information.
867     (f)  Information specified in paragraph (1)(b) to a person
868conducting legitimate research. A request for records and
869information pursuant to this paragraph must be in writing, the
870person requesting the records or information must sign a
871confidentiality agreement, and the department must approve the
872request in writing.
873     (g)  Information specified in paragraph (1)(a) to the
874Department of Health and the county health department where an
875inmate plans to reside if he or she has tested positive for the
876presence of the antibody or antigen to human immunodeficiency
877virus infection.
878
879Records and information released under this subsection remain
880confidential and exempt from the provisions of s. 119.07(1) and
881s. 24(a), Art. I of the State Constitution when held by the
882receiving person or entity.
883     Section 23.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.